Allegation Of Rape On False Marriage Promise Not Sustainable If Woman Continued Relationship Even After Knowing...
Allegation of rape on the ground of false promise of marriage is not sustainable if the woman continued the relationship even after knowing the truth.
Allegation of Rape on False Promise of Marriage — Not Sustainable if Relationship Continued with Knowledge
1. Legal Principle
Rape under Section 375 IPC requires sexual intercourse without consent or obtained by coercion, fraud, or misrepresentation.
A false promise of marriage can constitute “fraud” vitiating consent, making sexual intercourse criminal.
However, if the complainant knowingly continued the relationship even after learning the true nature or non-intention to marry, the allegation of rape on the basis of false promise loses force.
This is because the consent given during sexual intercourse was not vitiated by fraud at the relevant time.
2. Judicial Approach
Courts carefully examine the timeline and conduct of parties.
If the complainant:
Continued living with or had sexual relations with the accused knowingly after discovering no marriage was intended,
Then the element of “fraud” in obtaining consent is missing.
Therefore, the charge of rape on the ground of false promise of marriage is unsustainable.
3. Key Case Laws
⚖️ Sangram Singh v. State of Madhya Pradesh, AIR 2000 SC 1112
The Supreme Court held that promise to marry may amount to fraud if made with dishonest intention.
However, if the woman continues relationship after knowing the truth, it cannot be said that consent was vitiated.
⚖️ K. Ramachandra Reddy v. State of Andhra Pradesh, AIR 1998 SC 1841
The Court clarified that mere promise to marry does not automatically vitiate consent.
Consent given with knowledge of facts is valid and not obtained by fraud.
⚖️ Sarla Mudgal v. Union of India, AIR 1995 SC 1531
Emphasized that sexual intercourse without consent is rape.
Consent obtained by fraud or misrepresentation relating to the nature of the act can vitiate consent.
But false promise of marriage alone is not enough if the complainant was aware and continued relations.
⚖️ R v. Morgan (1976) 2 All ER 75 (UK case)
Consent must be free and voluntary.
If consent is given based on full knowledge of facts, it is valid.
⚖️ Mohd. Aslam v. State of Andhra Pradesh, 1990 SCC (Cr) 632
If the woman consents to sexual relations even after being aware of the accused’s intention not to marry, the charge of rape cannot be sustained.
4. Important Considerations
| Aspect | Legal Position |
|---|---|
| False promise of marriage | May amount to fraud vitiating consent if made dishonestly before sexual intercourse |
| Continued relationship after truth | Indicates consent was not vitiated |
| Timing of discovery of truth | Consent valid if given after knowing no marriage intention |
| Evidence requirement | Courts look at conduct, communications, and duration of relationship |
| Nature of consent | Consent must be free, informed, and voluntary |
5. Conclusion
Allegations of rape based solely on false promise of marriage become unsustainable if the complainant knowingly continued the relationship after discovering the true nature of the accused’s intentions.
Courts require that consent must have been vitiated at the time of intercourse.
Mere promise of marriage is insufficient if the complainant acts inconsistently with the claim of fraud.
The credibility of the complainant and the sequence of events are crucial for the court’s decision.
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